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Happy Anniversary, Mr. President

Today marks the one-year anniversary of President Obama’s Inaugural, and my guess is that he’s not doing a lot of celebrating. That’s because yesterday, in a special Senate election to fill the late Ted Kennedy’s seat, Massachusetts voters elected a Republican to represent them. President Obama and Democrats across the country must be asking themselves […]

Express Yourself! Employers Must Give Women Breaks to Breastfeed

One of the odder add-ons to the health care reform law requires employers to provide nursing mothers with unpaid “reasonable break time” each work day to express breast milk for up to one year after a child’s birth. Section 4207 of the law amends the Fair Labor Standards Act (FLSA) to require employers to provide […]

The ACA After Five Years: Disasters Did Not Materialize, But More Change Is Needed

Five years ago, in March 2010, the Affordable Care Act was signed into law by President Obama to resolve problems in the U.S. health system, including: the high number of uninsured Americans; Americans unable to get coverage due to pre-existing conditions; the high cost of care; and suboptimal care as a result of poor incentives […]

Hiring on Gut Alone? Get Data for Better Results

By Eric Herrenkohl, president, Herrenkohl Consulting Just My E-pinion When it comes to recruiting, most managers trust their gut, but they’d get better results if they gathered data to support their instincts, says consultant Eric Herrenkohl. Herrenkohl is founder and president of Herrenkohl Consulting, a firm that helps small and mid-sized businesses build “A” player […]

How Many of Your Employees are Jobseekers?

A majority of U.S. and Canadian workers fit are also jobseekers, according to a new study by CareerBuilder and Inavero. According to the study, 69 percent of full-time workers reported that searching for new job opportunities is part of their regular routine. “Digital behavior has blurred the distinction between an active and a passive job […]

HR–Show Me the Money!

Special from the Advanced Employment Issues Symposium, Las Vegas In yesterday’s Advisor, BLR CEO Dan Oswald offered tips for getting a seat at HIS table. Today, more on how to interact with the C-Suite, plus an introduction to the all-HR-in-one site, HR.BLR.com Show Me the Money Oswald, author of the Oswald Letter, suggests that HR […]

Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers

In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]

Supreme Court Will Resolve Split over ERISA Reimbursement

The U.S. Supreme Court decided to hear a case to resolve whether an ERISA health plan can recover money it spent on a plan participant’s care from his or her personal injury settlement, even if the participant has already spent those particular funds. To settle this question, the Court granted certiorari March 30 in Montanile v. Bd. of Trustees […]

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.